Warranty. PCTEL warrants that the Products are free from defects in material and workmanship for a period of two (2) years from the date of shipment under normal use and operation. PCTEL’s sole and exclusive obligation under the foregoing warranty shall be, at its option, to repair or replace any defective Product that fails during the warranty period. The expense of removal and reinstallation of any item is not included in this warranty. THE FOREGOING WARRANTY IS
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Repair or replacement in the manner provided above shall be the sole and exclusive remedy of Buyer for breach of warranty and shall constitute fulfillment of all liabilities of PCTEL with respect to the quality and performance of the Products. PCTEL reserves the right to inspect all defective Products (which must be returned by Buyer to PCTEL’s factory freight prepaid). No Products will be accepted for replacement or repair without prior written approval. PCTEL shall have no obligation to make repairs or replacement necessitated by catastrophe, fault, negligence, misuse, abuse, or accident of Buyer or others. The warranty period of any repaired or replaced Product shall not be extended beyond its original term. EXCEPT AS
LIMITED BY LAW IN SOME STATES, IN NO EVENT SHALL PCTEL BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO BUYER OR ANY THIRD PARTY
ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY DEFECTIVE PRODUCT
WHETHER THE DEFECT IS WARRRANTED AGAINST OR NOT AND WHETHER THE CLAIM
IS BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, NOR SHALL
PCTEL BE LAIBLE TO BUYER FOR ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF
THE PRODUCT.